Except where otherwise noted content on this site is licensed under a Creative Commons 2.5 Italy License E - 38 ISSN: 2036-5438 Devolution and Peacebuilding in Kenya, fact or illusion? The case of Marsabit County by Ibrahim Harun I Perspectives on Federalism, Vol. 11, issue 3, 2019
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ISSN: 2036-5438
Devolution and Peacebuilding in Kenya, fact or
illusion?
The case of Marsabit County
by
Ibrahim HarunI
Perspectives on Federalism, Vol. 11, issue 3, 2019
Except where otherwise noted content on this site is licensed under a Creative Commons 2.5 Italy License E -
61
II According to Gertzel, the Provincial Administration during the colonial period was a sophisticated, centralised machine through which governor administrator by direct rule. III Bulle & Ombui (2016) state that ‘Most districts of Northern Kenya were marginalized as the sessional paper ten (10) of 1967 could not give them opportunity as they are regarded as /Northern frontier district which does not add any value to the country (Kenya) the sessional paper sought to invest heavily in agricultural production area identified by colonial government, with the hope that it would include d the rest of the country which was not effectively achieved’. IV The United Nations Special Rapporteur stated that the dispute over the results of the 2007-2008 general elections were intensified by issues of land and ethnicity with the ensuing violence leading to more than 1500 people killed, thousands injured, widespread looting and land grabbing. See United Nations, 2011 ‘Report of the Special Rapporteur on the Human Rights of Internally displaced Persons, Chaloka Beyani’, Human Rights Council, Nineteenth Session, and Agenda Item3. United Nations General Assembly, New York. V See schedule of the Kenya Constitution 2010, for the functional areas of county government. VI The article uses desktop study to appraise how these functions have been rolled out in the Marsabit County. VII For a comprehensive background and explanation of the objectives behind devolution in Kenya, see Ghai 2015. VIII The new constitution, under Articles 6 and 176, establishes a system of devolved government consisting of national and county governments. IX The two houses of parliament are the National Parliament and Senate. X Article 248 of the 2010 Constitution establishes nine commissions and independent offices, including the Kenya National Human Rights and Equality Commission, the Independent Electoral and Boundaries Commission, the Commission for Revenue Allocation, the Parliamentary Service Commission, the Judicial Service Commission, and the Public Service Commission. These commissions differ from the commissions based on the 1969 Constitution because they have an express provision outlining their independence from other arms of government and are administratively and financially delinked from the executive. XI Article 56 of the Kenya Constitution, 2010, stipulates that ‘The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups— (a) participate and are represented in governance and other spheres of life; (b) are provided special opportunities in educational and economic fields; (c) are provided special opportunities for access to employment; (d) develop their cultural values, languages and practices; and (e) have reasonable access to water, health services and infrastructure’. Article 102(2) (b) deals with some in-depth inclusion of minority and marginalised groups to ensure greater certainty of the application of bills of rights to marginalised groups. Specific obligations are imposed on the state (which also include the counties) with regard to minority and marginalised groups and persons with disabilities (Arts 52, 54 and 56). A specific object of the devolution of government is then to protect and promote the interests and rights of minorities and marginalised communities (Art 174). XII The objectives of devolution in Kenya, as provided for in the article 174(a)-(h) include,- promotion of the democratic and accountable exercised of power, to foster national unity by recognising diversity, to give powers of self-governance to the people and enhance the participation of people in the exercise of the powers of the state and in making decisions affecting/, and to protect and promote the interest and rights of minorities and marginalised communities. XIII Kenya National Bureau of Statistics (KNBS), n.d. Kenya Population and Housing Census, August 2009–Population Distribution by Sex, Number of Households, Area, Density, and County, Kenya National Bureau of Statistics (KNBS), Nairobi. See also Kenya National Bureau of Statistics (KNBS) (2019) Kenya Population and Housing Census, August 2009–Population Distribution by Sex, Number of Households, Area, Density, and County, Kenya National Bureau of Statistics (KNBS), Nairobi. XIV Ibid. XV The county has 20 Ward Assemblies. The county electoral wards are; - Saku, 3, Laisamis 5, North Horr, 5 and Moyale 7. See County government of Marsabit (2019) The second county, integrated development Plan (CIDP). XVI The Waso Borana are mostly Muslims. XVII The budget allocation for Marsabit County increased from Kenya Shilling (KSHS) 3.906 Billion in the Financial Year (FY) 2013/14 to 7 Billion KSHS in the FY 2019/20. Government of Kenya (GOK), Commission on Revenue Allocation Budge 2013-2014, See Also County Government of Marsabit, County Fiscal Strategy paper (CFSP) 2018. XVIII Kayo- is derived from the Borana/Oromo words meaning peace or success XIX Inaugural speech, presented at the Marsabit Stadium. XX The research is a desktop appraisal offering an analysis of county activities that take places in many forums
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with outcomes entering public domain through means such as government statements, newspaper editorials, nongovernmental briefings and academic articles. XXI The Modern level 4 Hospital with complete theatre and x-ray wing was built at the cost of 450 million kenya shillings, the facility he said to accommodate more patience’s than it was before. See Mugo, J’ 2016 ‘North Horr get a Ksh 450 Million level four Hospital’ Citizen News, available at https://citizentv.co.ke/news/north-horr-get-a-ksh-450m-level-four-hospital-136182/. Accessed 4th September 2019. XXII Chari, A , 2019 ‘ Governor Ali launches modern facilities at Marsabit Referral Hosptal’ Star News , 6th May 2019’ available at https://www.the-star.co.ke/counties/north-eastern/2019-05-06-governor-launches-modern-facilities-at-marsabit-referral-hospital/ accessed 4th September 19. XXIII County Government of Marsabit, County Fiscal Strategy Paper (CFSP) -2018. XXIV The ECD enrolment is estimated to be 19, 239 with a total number of 413 teachers. The primary population is estimated to be 46,178 pupils, while Secondary schools stand at 6028 and 568 students enrolled in Vocational training colleges. Marsabit County (2019) Second County Integrated Development Plan 208-2022. For national statistics see, Ministry of Education, Science & Technology (2014) Basic Education Statistical Booklet, Nairobi. XXV Marsabit county has 253 public ECDC and 64 Private, 231 Primary school (181 public, 50 Private), 43 Secondary Schools, 4 Youth Polytechnic and 8 Vocational Training Centres. Marsabit County (2019) Second County Integrated Development Plan 2018-2022. XXVI In the Financial Year 2018/19 more than 500 Million KSHS were allocated to the Youth polytechnic and skills development by KAYO government. XXVII The Constitution 2010, Article 1(2), Article 10(2) a,b and c, Article 27, 33, 35, article 174c,d ; article 184(1), article 232(1) (d) Fourth Schedule Part 2(14) and The Public Finance and Management Act 207. XXVIII See reference to public participation see also; County Government Act, Section 91-96, section 100 and 101. XXIX REGABU passed – Marsabit County Civic Education and Public Participation Bill, 2015. Whilst, KAYO passed the Marsabit County Citizen Charter: Civic Education and Public Participation policy. [Cursor look]? at the content shows both policies are aimed at involving th public in the activities and programs of the county government. XXX For recent public participation see public participation schedules to the public draft finance bill 2019, available at http://marsabit.go.ke/public-participation-schedule-on-marsabit-county-finance-bill-2019/ see also http://marsabit.go.ke/invitation-to-attend-annual-development-plan-adp-2020-21-public-participation-forums/. See also At the launch of the Marsabit County Citizen Charter- Deputy governor Hon Riwe argues that county planning and administration is anchored on consultative process between informed citizen and responsive government. See https://www.standardmedia.co.ke/article/2001285919/marsabit-launch-citizens-charter. XXXI However, in recent years, livestock raiding has become more frequent, violent and destructive. Cattle rustling has been common practice among pastoral communities in eastern Africa since the pre-colonial period (Gray et al. 2003). XXXII Cattle raiding is to some extent, a response to disasters such as drought and an attempt to increase the yields of livestock by increasing numbers in a good season as an insurance against bad seasons. XXXIII Marsabit County’s proximity to the borders with Ethiopia, Sudan and Somalia and the porosity of the country’s borders and bordering communities give access to small arms and ammunitions, which are used by ethnic groups fighting with rival communities. XXXIV For comprehensive reports on Marsabit conflicts, please see SRIC 2014 ‘Report on Marsabit Pastoralists’ Tension, The Influence of Unsealed National Boundaries and Developing Political Outfit on Pastoralists’ Conflict in Marsabit’. See also Scott-Villiers 2017. XXXV Ibid. XXXVI On 12 July 2005, about 1,000 heavily armed bandits made a series of raids in the Didagalgalu area, some 130 kilometres from Marsabit Town. At least 53 people, including children, were killed (Witsenburg 2012). XXXVII In a revenge attack, 10 people were killed in the Bubisa Trading Centre, 80 km from Turbi. XXXVIII Komu, N & Walter, J (2019) Kenya: Police officers among 10 Killed in Marsabit Bandit Attack, (All-Africa News, November 19). Available at https://allafrica.com/stories/201911060634.html. XXXIX Borana herders have conflicted with pastoral Rendille and Samburu along the district boundaries from southern Marsabit to Isiolo, east of the long Isiolo–Marsabit–Moyale highway (Fratkin and Roth 2005). XL Marsabit County shares an international border with Ethiopia, stretching over 500 km from Moyale to the east and all the way to Illeret at the top of Lake Turkana to the west. XLIMoyale is basically two towns in one: the smaller section on the Kenyan side and the bigger one on the
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Ethiopian side with the border running between them. The Kenyan Moyale is made of seven (7) County Assembly Wards, namely: Butiye, Sololo, Heillu, Golbo, Moyale Township, Urain and Obbu. XLII During the Derg (Provisional Military Administration Council) between 1974 and 1991, Moyale was under Borana Awraja (Province). Local communities include the Borana, Garreh and Gabara communities, who lived in peace and harmony for years. During this period, Borana held uncontested control of the traditional wells. With the demise of Derg, the Borana province was split into two regional states and became two competing Woredas (districts), Oromia-Moyale and Somali-Moyale, without any clear demarcation. See Tache & Oba 2009. XLIII See also Markakis 1997; Maxwell and Reuveny 2000. XLIV Art 174(g) of the Kenya 2010 constitution provides that the objectives of devolution is to ensure the equitable sharing of national and local resources and to promote the interest of minorities and marginalised. Communities. XLV County Government of Marsabit (2019). XLVI Ibid. XLVII County collection revenues from business permits, livestock licenses, land and transportations charges and hospital bills. Ipsos MORI 2016). References
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